NCJ Number
89988
Journal
Judicature Volume: 67 Issue: 1 Dated: (June-July 1983) Pages: 16-27
Date Published
1983
Length
12 pages
Annotation
This article provides information and commentary on aspects of the German appellate judiciary as compared with the appellate judiciary in the United States and, to a lesser extent, in England and suggests how certain features of the German system could be constructively applied to the United States.
Abstract
Both the German and English appellate systems exercise judicial career management through an official agency. The agency structures and coordinates the process through which a person is made a judge at the trial level and, based on performance, is eventually promoted to the appellate bench. This concept could be usefully applied in the United States by establishing such offices in the Federal and State governments. Whatever method of judicial selection might be used, this type of office and staff could provide useful continuity and more fully developed information, thereby improving the quality of persons brought to the bench and the process of appraising persons for promotion to higher courts. A career management office could ensure a substantial prospect of advancement to higher courts based on performance, such that a larger number of able persons would be attracted to the judiciary. Another German and English practice connected with the selection of judges that can be adapted in the United States is the involvement of judges in the selection process. In the United States, there is little judicial input in judicial selection and certainly no well-established custom of ascertaining the views of judges about judicial appointments. Another German practice worthy of emulation is the use of law professors as part-time appellate judges. Further, the clearly defined role of the executive branch in judicial caretaking and improvements could also be profitable in the administration of courts in the United States. Sixteen footnotes are provided.